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Functional Jurisdiction in the Law of the Sea
The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.
Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade
The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
Documents in International Environmental Law
International environmental law is now a standard course for both undergraduate and postgraduate law students all over the world. This collection follows the essential structure of environmental regulation in an attempt to provide a clear picture of the mechanics of the system. It is comprised of a 'General Part' (general principles, procedural obligations and civil liability and non-compliance procedures); selected 'Sectoral Regimes' (the fundamental elements of the natural environment: habitat, sea, atmosphere, freshwater resources, polar regions, and the primary regimes of man-made intervention: nuclear power, chemicals, waste); and 'Interface Regimes' (trade and environment, human rights...
The Interpretation and Application of the European Convention of Human Rights
In The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, the aim is to offer a two-pronged approach on the effect that the ECHR has in the field of human rights as well as in other areas of international law. The first part explores general and theoretical aspects of the application of the ECHR, such as provisional apllication, norm-conflict resolution, the interplay between human rights and occupation law. The second Part, building on the research and conclusions of the first Part, examines the amphidromous relationship of the ECHR with other areas of law. Since no branch of international law exists in "clinical isolation", this Part analyses the effects that the ECHR has on and is recipient of, from a variety of diverse areas of law such as law of the sea, investment law and rights of indigenous peoples.
International Environmental Law Reports
Collection of approximately fifty decisions of national courts from twenty-six countries, all broadly related to international environmental law.
UNCLOS and Ocean Dispute Settlement
The United Nations Convention on the Law of the Sea (UNCLOS) offers a legal framework for the sustainable development of the oceans and their natural resources. However, recently there have been calls to amend the Convention due to some ambiguous provisions which are unable to address a variety of contemporary maritime issues. This book evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. The book’s central focus is on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines the ways in which an emphasis on sovereignty, threats to maritime security and overl...
The Oceans in the Nuclear Age
The advent of the nuclear age in 1945 fundamentally altered the course of human events. The oceans are not the focus of the nuclear age, but the affairs of the oceans are deeply woven into the history of that age. Knowledge of what the nuclear age has meant for the oceans, however, is highly fragmented and there exists a surprising gap in research on the impact of the nuclear age on the oceans and on ocean law and policy. Ranging from dumped wastes to transportation to security, this study frames the complex multidimensional set of relationships between the oceans and the nuclear age and illuminates patterns of impact and response in ocean law. This timely expanded edition includes a new chapter by Lt. Todd Hutchins, USN, on “Nuclear Risks in Coastal Areas: Legal and Regulatory Responses.” It provides a full discussion of the 2011 coastal Fukushima Nuclear Power Plant disaster, together with analysis more generally of the challenges to the environment and to the legal order globally that are posed by coastal siting of nuclear power plants.
The IMLI Manual on International Maritime Law
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume III is devoted to the marine environmental law and maritime security law. The first part of Volume III deals in depth with issues of most fundamental importance in the contemporary world, namely how to protect the marine environment from pollution from ship...
The Relationship Between European Community Law and National Law
This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.
